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The Worlds of the Trust
Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Re-imagining the Trust
This collection of essays by experts in the field explores the place of the trust in the modern civil law.
The Making of an Insurrection
The insurrection of 31 May-2 June 1793 that overthrew the Girondins and brought the Montagnards to power was a decisive event in the history of the French Revolution. Morris Slavin's study is the first that discusses the background, the mechanisms, and the immediate results of the uprising, as well as the hidden forces that produced it and the contradictions that were inherent in it from the beginning. Slavin's approach to the controversy between the Gironde and the Mountain is from below (d'en bas), from the vantage point of the sections of Paris and their extralegal assembly, the Eveche assembly, and its Comite des Neuf. He shows how and why the Montagnards used the insurrectionary organs ...
The Bastille
This book is both an analysis of the Bastille as cultural paradigm and a case study on the history of French political culture. It examines in particular the storming and subsequent fall of the Bastille in Paris on July 14, 1789 and how it came to represent the cornerstone of the French Revolution, becoming a symbol of the repression of the Old Regime. Lüsebrink and Reichardt use this semiotic reading of the Bastille to reveal how historical symbols are generated; what these symbols’ functions are in the collective memory of societies; and how they are used by social, political, and ideological groups. To facilitate the symbolic nature of the investigation, this analysis of the evolving s...
The Peasants of Languedoc
This volume combines elements of human geography, historical demography, economic history and folk culture in a depiction of a great agrarian cycle, lasting from the Renaissance to the Enlightenment. It describes the conflicts and contradictions of a traditional peasant society in whic the rise in population was not matched by increases in wealth and food production.
Conceptualising Property Law
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Democracy, Theatre and Performance
Democracy, argues David Wiles, is actually a form of theatre. In making his case, the author deftly investigates orators at the foundational moments of ancient and modern democracy, demonstrating how their performative skills were used to try to create a better world. People often complain about demagogues, or wish that politicians might be more sincere. But to do good, politicians (paradoxically) must be hypocrites - or actors. Moving from Athens to Indian independence via three great revolutions - in Puritan England, republican France and liberal America - the book opens up larger questions about the nature of democracy. When in the classical past Plato condemned rhetoric, the only alternative he could offer was authoritarianism. Wiles' bold historical study has profound implications for our present: calls for personal authenticity, he suggests, are not an effective way to counter the rise of populism.
Commercial Trusts in European Private Law
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
